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Question on filing a counter claim to our tenants' claim can…

hi - question on filing...
hi - question on filing a counter claim to our tenants' claim
can u help on this? Look up the elements of the action that you wish to use. Your counterclaim will require the specific statutes from your state’s civil code that you wish to use as grounds for your counterclaim. You can find this information by looking in your state’s civil code, searching online for common law principles
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Answered in 7 hours by:
3/14/2018
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,103
Experience: Over 30 years of experience
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Hello,
Thank you for your question. I am sorry for the delayed response. I wa offline. please bear with me.

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Here are two examples of Answers and Counterclaims that you can use as a format or guide in regard to how they looK=k:

https://www.tml.org/p/CSAT%20v.%20Denton%20-%20Original%20Answer%20and%20Counterclaim.pdf

http://tac-7.com/unified/2014-06-29-Counterclaim.pdf

Your's will not be as complicated or as long. You want to try to keep your language simple and direct.

Write in chronological order and just write out the facts of the situation from your perspective.

Number you paragraphs and tell your story in simple declarative sentences

The points you need to hit is the brief history of the rental - when it started, when it ended.

The damages to the property caused by the tenants.

That you notified the tenants of the damages.

That the damages exceed the amount of the security deposit.

That you want to be compensated for those damages.

You want to write the above into the format of the examples I posted.

You file this in court and copy the other side.

A hearing will be scheduled at the hearing you need to present evidence to support the statements made in your Answer/Counterclaim. You need one or more of the following: receipts, statements from workers, photographs, your own testimony.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 1 month ago
thanks.
follow up question, do i have to include Affirmative Defense? If yes, on this case, would you have a recommendation which defense I should use?
Customer reply replied 1 month ago
what section (title?) do I have to hit tenancy history?
Your defense is the damage done to the property and you notified them about the damage.Don't worry about the technical title. You are in small claims, they are usually less formal.
I don't have the title for you and I am not home. You can google search landlord tenant act and your state's name for that.
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Customer reply replied 1 month ago
got it. thanks!
would it be too much to ask if you can look at the document when completed and provide your feedback?

I can only proof read the document. That is considered a premium service and there are extra charges for that.

I can post an offer to you to consider.

I have submitted an OPTIONAL offer to you for a premium service phone call so that we can discuss your concerns more easily. It is purely optional and I do not want you to spend extra money if it is not necessary. We can continue to post at no additional charge.

Otherwise if you are satisfied with the information please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.

Kind regards,

Gerald

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Customer reply replied 1 month ago
when i request for compensation, is it always be in the form of judgment?
can i add cost of work listed in the accounting of charges, but had $0 dollar, as we did not intend to charge, however, repair was due to water damage in the bathroom?
can i ask for costs or damages related to this matter, i.e. travel/airfare costs, legal fees?

In regard to these additional questions:

1) when i request for compensation, is it always be in the form of judgment? Yes

2) can i add cost of work listed in the accounting of charges, but had $0 dollar, as we did not intend to charge, however, repair was due to water damage in the bathroom? If you had the expenses AND notified the tenant of the estimated costs then you can ask for them. If you did not you can not.

3) You can asks for the costs involved in the litigation - filing fees, service fees, and attorney fees. If you are representing yourself you can not recover attorneys fees. As an example the fees here can not be recovered - this is an educational site and it amounts to research for you. The court will not allow you to recover for that..

Sorry.

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Customer reply replied 1 month ago
ok..
how about unpaid NSF fee $45 and Late fees $420?

Yes,

you can claim the late fees and the NSF fee.

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Customer reply replied 1 month ago
can't we ask for damages resulted from their frivolous lawsuit? they requested for a jury trial w/c changed the bench trial date, then they again changed the pre-tiral 3x. only when we attended the pre-tiral in Dec, they want to settle for $1400. seemed to me, they're just trying to wear us down and settle (they know we live in CA). They proposed to settle if we give them 1400, we declined.

Yes you can. Ask for "Sanctions" for their frivilous filings and ask that your travel and other expenses be reimbursed as part of those sanctions and ask for puntive damages as part of the sanctions.

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Customer reply replied 1 month ago
This is what i read, and exactly fits their intention as we suspected..when they requested for jury trial..
A frivolous lawsuit is any lawsuit that is filed with the intention of harassing, annoying, or disturbing the opposite party.
It may also be defined as any lawsuit in which the plaintiff knows that there is little or no chance of the lawsuit succeeding if pursued in court
- so that's my next challenge, to add Sanction to the document..ugh!

Just take it one section at a time. You have this down.

Keep your language simple. You are not an attorney, don't try to sound like one.

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Customer reply replied 1 month ago
can i include Sanctions in the same document (answer and counterclaim) or have to file a separate motion for sanctions?

Yes. You put it at the end of the dcument. It is a pragraph called "Prayer for Relief" or "Request for Relief."

That is the part of the document where you ask for the remedy that you want.

In your case you will ask for:

1) "The plaintiff's case to be dismissed with prejudice"

2) Late fees, NSF

3) Damage to property that you previously notified them over

4) Costs (filing fees, service costs) of the law suit

5) Sanctions and Punitive damages.

6)" Any additional remedy that the Court thinks appropriate"

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Customer reply replied 1 month ago
thanks. this is very helpful.
hey - when i accept the premium service, does that include phone discussion and proof reading docs? and for how long does that service last? 30 days?
Customer reply replied 1 month ago
with the premium service, are you allowed to provide inputs/edits?
am working on the Opposition to Motion in Limine. will you be able to review as well?

You can click the premium service now and accept the offer. I will call you and set up the rest of it with you.

There is a charge in addition to the charges you have already paid.

It will include the proof reading and a call to discuss the document and an email as well. There are no additional charges and I do not put you on a clock.

OR you can click the five stars now and come back later. BUT if this thread closes you may have to post a new question to get a new premium service offer.

What ever is convenient to you.

If you ahve another document for proofreading I would have to charge you additionally. But they are flat fees for the services.

The service does not allow me to negotiate or desicss prices in these public posts.

Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,103
Experience: Over 30 years of experience
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Gerald, Esq and 87 other Legal Specialists are ready to help you
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Customer reply replied 1 month ago
ok, just accepted offer. i'll send the docs in a few for your review

Please enter your contact number and I will contact you with a private email address.

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Customer reply replied 1 month ago

**************** home i can't talk right now, maybe in the next hour, if ok, else tmrw morning

we can have more than one conversation - don't worry. The fee is paid. Just Let me know when is a good time for an initial call tonight and we can set the rest up then.

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Customer reply replied 1 month ago
may i send the document today for your review?

Yes. I need to talk to you to give you my email.

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Customer reply replied 1 month ago
Hi Gerald -marijo herequick question:Do i have to send all exhibits to plaintiffs' atty?
Include exhibits listed in your documents. Other exhibits would be shared in discovery if there is a discovery order from court or discovery request from other side. You can request discovery too.
This is the process where evidence is disclosed between parties.
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Customer reply replied 1 month ago
send exhibits to court too?
The exhibits that are referenced in your documents are part of them.
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Customer reply replied 1 month ago
Hello Gerald -I trust your week is going smoothly and just about ready for the weekend. I am :)Hey - thought I'd provide an update on the Response to Limine and Counterclaim we filed last week. The court received it and set a pre-trial for 3/28, instead of the jury trial.
Jury trial will be pre-set to a later date (prolly 2 months following the pre-trial).Our contractor David, and his father and mother, tenants in one of our houses, are willing to testify.
David's willing to testify on issues related to damages and costs incurred (less tjhan market because he's giving us 25% discount for being our rgular maintenance guy in all the 5 properties - now 4 we sold one early this year) and the father in support of Matt's character reference as a landlord. Fact of the matter is that we just did a remodel of the house (kitchen and baths) partially last year (spent about $7k) and the rest (outside panels, door, etc for >$4k), which were just completed this week.
We did not even raise his rent last year. They've been renting the house (father and mother) for about 12 yrs now. We only raised the rent 2x during the entire tenancy.
Will prolly need to raise this year to recover the >$10K spent last year and this year.Questions:
- You think this will help us, hurt us, or irrelevant?- When we go to pre-trial next week - should we bring additional information, not in the already provided exhibits or wait if discovery is ordered?Thanks again for your help.-marijo

I don't think the contractor's relationship is relevant to his testimony.

He testifies that he is a contractor, that he routinely works in the field, and that he is familiar with the property and the damage done by the tenants. That is the testimony that matters.

Good luck.

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Customer reply replied 1 month ago
how about tenant's testimony in support of Matt's behavior as a landlord, being fair, responsive, considerate? which are all in contrast to his image painted in the petition?

That can't hurt, and if they are willing to testify that would be good. The Court may or may not take their testimony because charachter testimony is sort of weak. BUT it can't hurt to try.

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Customer reply replied 1 month ago
got it.
I may have follow up questions in the next couple days while going thru other documents/emails to bring to pre-trial, just in case..thanks again. have a good day!

Technically these should be listed as New Questions. The service allows for "follow up" questions that clarify previous answers. BUT new areas are supposed to be posted as a new question.

If you want to ask for me, just type "For Gerald" at the start of your new question. But it needs to be a new post - not a continuation of this thread.

Thank you for your understanding.

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Customer reply replied 1 month ago
will do. np.

Thanks!

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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